Skip to content

menu

Florida Probate & Trust Litigation Blog logo
About the AuthorTopicsSubscribeContact
Search
Close

Spousal Elective Share Claims

Subscribe to Spousal Elective Share Claims via RSS

Do you need a court order to file a late elective-share claim?

By Juan C. Antúnez on March 21, 2022

A surviving spouse’s right to an “elective share” reflects Florida’s…
Continue Reading Do you need a court order to file a late elective-share claim?

2017 legislative news: Big Changes to Florida’s Elective Share Statutes

By Juan C. Antúnez on September 16, 2017

If you’re a working probate attorney, elective share claims loom large in…
Continue Reading 2017 legislative news: Big Changes to Florida’s Elective Share Statutes

Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?

By Juan C. Antúnez on February 29, 2016

Gus Boulis was a spectacularly successful self-made millionaire with a sixth grade…
Continue Reading Can a surviving spouse’s $12.5 million “elective share” be reduced to pay attorney’s fees?

When can a second wife subpoena confidential business records of a closely-held corporation founded by her deceased husband?

By Juan C. Antúnez on March 31, 2014

What divorce attorneys do and what trusts-and-estates lawyers do overlaps all the…
Continue Reading When can a second wife subpoena confidential business records of a closely-held corporation founded by her deceased husband?

Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?

By Juan C. Antúnez on October 29, 2013

In the right circumstances, no-contest or in terrorem clauses can be effective…

Continue Reading Can $5 million gift to surviving spouse be conditioned on a prior waiver of her elective-share rights?
Gavel on bankruptcy Law books

Can you time an elective share claim to gain an advantage in bankruptcy?

By Juan C. Antúnez on February 27, 2011

In re Miller, — B.R. —-, 2010 WL 5184798 (Bkrtcy.S.D.Fla.2010)

Assume…
Continue Reading Can you time an elective share claim to gain an advantage in bankruptcy?

When does a surviving spouse’s “elective share” take an estate-tax hit?

By Juan C. Antúnez on August 23, 2009

The decedent at the heart of this probate battle, Konstantinos “Gus” Boulis…
Continue Reading When does a surviving spouse’s “elective share” take an estate-tax hit?

2d DCA: Florida’s spousal elective share statute survives constitutional challenge

By Juan C. Antúnez on September 30, 2007

In re Estate of Magee, — So.2d —-, 2007 WL 2781131…
Continue Reading 2d DCA: Florida’s spousal elective share statute survives constitutional challenge

Lateral thinking = probate litigation success

By Juan C. Antúnez on July 10, 2007

Marlowe v. Brown, 944 So.2d 1036 (Fla. 4th DCA Aug 02,…
Continue Reading Lateral thinking = probate litigation success

Court says NO to appeal of spousal-elective-share order

By Juan C. Antúnez on March 25, 2007

Trenchard v. Gray, — So.2d —-, 2007 WL 837294 (Fla. 2d DCA Mar…
Continue Reading Court says NO to appeal of spousal-elective-share order

Post navigation

Older Posts 
About the AuthorTopicsSubscribeContact
Back to top of page
Juan C. Antúnez logo
Two Datran Center, Suite 1901
9130 South Dadeland Boulevard
Miami, FL 33156
Phone: (305) 379-4008
Fax: (305) 379-4848
RSS LinkedIn
DisclaimerPrivacy Policy

Annual Survey of Florida Trusts + Estates Law

This is my running list of significant trust, probate and guardianship related appellate opinions since 2005. If you think I've missed an important appellate decision that deserves wider notice, please let me know. As new appellate decisions are published I'll add them to the list.

    2025 … The Year in Review

    2024 … The Year in Review

    2023 … The Year in Review

      Click here for prior years

About this Blog

The Florida Probate & Trust Litigation Blog is authored by Juan Antúnez of Stokes McMillan Antúnez Martinez-Lejarza P.A

Read More

Topics

Archives

Copyright © 2025, Juan C. Antúnez. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo